tag:blogger.com,1999:blog-2361358365193630538.post806109569125714001..comments2024-03-20T19:17:02.285-07:00Comments on IN THE NEWS: Police interrogations: AP-LS issues landmark white paperKaren Franklin, Ph.D.http://www.blogger.com/profile/01032855743077403199noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-2361358365193630538.post-87573426938289818922010-03-22T18:10:59.106-07:002010-03-22T18:10:59.106-07:00It's fair enough to say that luck, both good a...It's fair enough to say that luck, both good and bad, played a role in the Crowe case as it does in any case. There are too many examples of both good and bad luck in this case to list them here. But to credit Michael's exoneration solely to, "sheer good luck" tends to do a disservice to the many professionals who were relentless in the pursuit of the truth. <br /><br />Defense attorney Mary Ellen Attridge insisted on having Tuite's clothing examined. Perhaps that could be considered a stroke of luck, but may be better understood as an example of good instinct and the dogged determination of a seasoned professional. Detective Vic Coloca and his colleagues at the San Diego County Sheriff's Office conducted an exhaustive investigation - over $50,000 in DNA testing alone. Was that luck or the result of uncompromising professionalism? True criminal justice professionals seek to find the truth, not just close the case. <br /><br />When the county prosecutor refused to indict Tuite, Coloca, at no small risk to his career as a county employee, went over the DA’s head and took the case to the State AG's office. Dave Druliner took the case and indicted Tuite over the objections of the San Diego County DA. The State AG’s office, along with the San Diego County Sheriff's office, then took the unusual step of publicly exonerated the three teens. During Tuite’s trial Druliner and his colleagues enlisted the help of many professionals such as Richard Leo, to help the jury untangle and understand the evidence being presented. The trial was unusually complicated as it was a trial within a trial. Druliner and his colleagues not only had to prosecute Tuite, but also had to defend the three teens as Tuite’s defense attorneys prosecuted the three boys while defending Tuite. I am sure that Dr. Franklin meant no disrespect to the many dedicated professionals who worked countless hours to find the truth and bring this matter to a just resolution. But crediting the accomplishments achieved in this case to nothing other than “sheer good luck,” seems to oversimplify the reality and appears to slight the efforts the professionals involved.Gregg McCrarynoreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-17232919235447944692010-03-15T21:06:54.093-07:002010-03-15T21:06:54.093-07:00I too appreciate Phil Trompetter's comments. I...I too appreciate Phil Trompetter's comments. I think the best perspective is to take a step back and inquire as to the purpose of police interrogation. If interrogations are viewed as part of a process whose goal is 'truth seeking' (as best as humans can pursue it) then I certainly agree that any type of blanket prohibition on psychologists assisting in police work is harmful. <br /><br />The difficulty is that, as the case in the OP illustrates, some (many? most?) interrogations do not have truth seeking as their goal. Rather, the goal of the police is to protect the innocent, catch the bad guy, or other such nebulous concepts which are often just a guise to advance the career of the detective with a conviction and truth be damned. When that reality is confronted then the case for the professional involvement of psychologists in police work becomes less clear cut.<br /><br />The fundamental truth is that the professional cultures and imperatives of criminal justice and psychology just don't mesh well. The result is that the role of psychologists in police interrogations is a vexing question and one that I think will continue to be a source of tension going forward.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-67750952950626077882010-03-15T10:18:49.072-07:002010-03-15T10:18:49.072-07:00Oops! My mistake. The video that I show in my cour...Oops! My mistake. The video that I show in my course is a 46-minute VHS documentary by Court TV entitled, "The System: Interrogation of Michael Crowe." It won a prestigious Alfred I. DuPont-Columbia University Award for excellence in broadcast journalism. It looks like it may be a little hard to get (Court TV has now merged with Tru TV), but I do see it listed on Thomson-Wadsworth’s website (www.thomsonedu.com/criminaljustice/media_center/videos/professionalism_policing.html), so I’ll update the link in my blog post to that site. Thanks for inquiring.Karen Franklin, Ph.D.https://www.blogger.com/profile/01032855743077403199noreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-16780135360109887902010-03-15T09:45:31.435-07:002010-03-15T09:45:31.435-07:00Karen - the link you provided to the Crowe interro...Karen - the link you provided to the Crowe interrogation is a fictionalized/dramatized movie. Does it also contain the actual interrogation video? I teach Psychology & Law and would also be interested in the actual video.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-13672041380957171552010-03-15T08:36:36.002-07:002010-03-15T08:36:36.002-07:00Few people realize how easy this is for the police...Few people realize how easy this is for the police, (the wrong kind) to do to someone, anyone. Yes, it's worse if it's a child. But what about to someone mentally ill, developmentally challenged? <br />My son was 36 yrs. old, schizoaffective when a child (8 yr.old) falsely accused him of sex abuse. She grew up and recanted later. But I ASKED if she could be interviewed by an experienced person and was told no. That could have saved my poor son and our family years of grief, expense and horrendous ruin of my son's name. He never had any criminal record prior to this, but there was a rush to judgement. He did not take care of himself, had bad teeth and skin. He looked guilty; she looked innocent. He had NO idea why she lied. It took years to find out that answer. But, the cops treated him like he was guilty from the get go, the states attorney was horrific. I never thought this could happen in Maryland. But it did. And even though we now know why she lied (2 adult women gave her the idea and she was no ordinary 8 yr. old), Ken is still on the registry, his case still in appeal. It may never go away. <br />Yes, all interrogations should be videotaped, both the accuser and the accused.suetiggersnoreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-17917594503084160112010-03-15T08:05:19.194-07:002010-03-15T08:05:19.194-07:00Phil,
Thanks very much for your comments. As a po...Phil,<br /><br />Thanks very much for your comments. As a police psychologist, you are in a unique position to weigh in on this. I don't believe the AP-LS is calling for a prohibition like the one being proposed in New York. But, at minimum, it would behoove psychologists who confer with police in these matters to be intimately familiar with the current recommendations as well as with the critical literature on confessions, such as the various studies by the authors of the Law & Human Behavior article, and especially the research on vulnerable populations including juveniles, the mentally ill, and the cognitively impaired.Karen Franklin, Ph.D.https://www.blogger.com/profile/01032855743077403199noreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-86141010696560910012010-03-15T07:54:00.821-07:002010-03-15T07:54:00.821-07:00I'm glad you posted this case in your blog, Ka...I'm glad you posted this case in your blog, Karen. The issue of forced confessions/self-incrimination has been topical for quite awhile but this is the first time I've become uncomfortably aware of the active, disturbing, influential participation of a police psychologist in promoting and (according to the published case) designing the troubling interrogation. <br /><br />As a police psychologist I know of a few limited situations where the participation of a psychologist can be extremely helpful, particularly in exigent circumstances, but until or unless we develop practice guidelines beyond the APA Ethical Principles of Psychologists and Code of Conduct, we should expect to see statutory prohibitions in state laws for a health professional's participation of any kind in interrogation activities. <br /><br />There is legislation now pending in New York state (AB 6665) that promotes a blanket prohibition. I fear it may have unintended consequences. One example some of us cited in our attempt to have this bill modified was based on this (and other) example:<br /><br />"In an upstate New York community, a child goes missing on her morning walk to school. A boy from the girl’s class identifies a man whom he saw approach and talk to the girl. The boy is able to identify the man as working in a local grocery store. The police locate the man, who in his mid-thirties, and discover he has recently moved into this community from out of state. Not satisfied with his answers to their initial inquiries, the police bring the man in for questioning. He soon begins quoting Bible passages that make reference to children. Unsure of how best to question the man and increasingly concerned about the girl’s safety, the police contact a psychologist who works at a nearby federal prison and is known to the law enforcement community for his research regarding individuals who have kidnapped and sexually exploited children. The police ask the psychologist for suggestions and possible guidance in their approach to questioning the man. The psychologist indicates a strong desire to assist the police, but says that because of a recent change in New York law he cannot."<br /><br />Dr. Blum's reported conduct in this case has reduced our legitimacy to argue against the broad exclusonary language of this legislation. Some may applaud this legislation and view it as proper - APA has certainly condemned the involvement of psychologists in these activities. I applaud the prohibition of a psychologist's involvement in torture or degrading interrogations, but I fear we will throw out the baby with the bath water if there is a blanket prohibition againsy ANY involvement in civilain police interrogations, as we will unintentionally contribute to the victimization of vulnerable individuals who could use our assistance.<br /><br />I hope we psychologists can articulate exceptions to a blanket prohibition to prevent the types of conduct condemmed by the 9th DCA.Phil Trompetter, Ph.D.noreply@blogger.comtag:blogger.com,1999:blog-2361358365193630538.post-34723617242259596972010-03-15T06:02:58.613-07:002010-03-15T06:02:58.613-07:00One of the main questions I have is should polce b...One of the main questions I have is should polce be allowed to question juveniles and others with impair reasoning without an independent observer such as a psychologist present? This alone should minimize this type of forced confessions. I really don't understand why anyone would want to force a confession which too often turn out to be useless at best or end up finding the wrong person guilty. Isn't the whole purpose of Law Enforcement to protect the innocent?ladyfotoartisthttps://www.blogger.com/profile/01598976366984330559noreply@blogger.com